Limited divorce a.k.a ‘legal separation, qualified divorce, partial divorce, or divorce from bed and board’ is a divorce of convenience. Sometimes when couples desire a mutual divorce, they may not have absolute grounds on which they can apply for one. But at the same time feel their marriage is irreparable and hence wants to separate. While in some cases, religion, finance, or other personal reasons, may induce couples to seek separation but not completely. In these cases too, the court offer a limited divorce vis-à-vis an absolute divorce.
A Limited Divorce Means
A court-supervised separation. In a limited divorce the court oversees your legal separation. Couples seek a limited divorce when they do not have strong reasons for getting an absolute divorce or if they cannot settle their assets among themselves. Many times couples go for limited divorce while they are gathering evidences to prove the reasons for wanting an absolute divorce. In a limited divorce, the partners live apart from each other, while the court dictates their assets and the terms of separation.
When you Seek Limited Divorce
There are terms and conditions that you have to abide by. For all practical purposes, a couple who has applied for limited divorce is separated, but not completely. So even though they may live separately during the period, yet they cannot have sexual relations with anyone else or even their own partners. If they have any physical relationship with anyone, it can be construed as committing adultery and hence can become a strong point of argument for an absolute divorce. While separated by limited divorce, couples are treated like singles only for tax purposes and other legal matters. So there is no question of remarrying during this time.
In a limited divorce, the court tries to establish who is at fault and if there is need for alimony. Again, it is the court, which will decide the custody of children, medical insurance, and division of marital assets during this period.
Reasons for Limited Divorce
Are varied. Abandonment is the most common reason for a limited divorce. There are two forms of desertion that are accepted in limited divorce. An actual desertion is when one spouse throws out the other for no proper reasons, or when a spouse abandons the other, again without any reason. A constructive desertion is a case when a spouse is forced to leave the house because of the behavior of the other spouse, like in cases of abuse etc.
Always Get Legal Advice and Protection
Getting a separation is a difficult and stressful process. So to go through with the motions of it, whether through limited or absolute divorce, one needs to get the right advice through an attorney and act accordingly.
